Can this person be charged w/ 1st degree murder? A man shoots another man with intent to kill. The victim is

Question

in a coma for 10 years and the attacker isn't found. The victim eventually dies of an infection directly related to being in his coma. Eventually, his attacker is found. Can the attacker be charged with first degree murder rather than attempted murder? My logic being that the man would not be dead if not for the malicious attack.

Note: I began thinking along these lines after Christopher Reeve died of an infection he wouldn't have had if he wasn't a quadriplegic, which he wouldn't have been if not for a horseback riding accident. Shouldn't his cause of death have been infection resulting from a fall from a horse 10 years prior? Hmmm....

Good answers - here's a link I found... scroll to the second case. http://tinyurl.com/h6mqu

Answer 1

If you were in the US. As with most legal terms, the precise definition varies between jurisdictions. For example, in the United States anyone who commits a serious crime during which any person dies, is guilty of murder.

This doctrine is called felony murder. The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder. This applies even if one does not personally or directly cause the person's death. According to most commentators, the common law rule dates to the twelfth century and took its modern form in the eighteenth century, at which time it was adopted by most of the United States. Because the rule requires no intent to kill, or even to do bodily harm, it has been criticized as unjust, and it was abolished in the United Kingdom in 1957. It remains statutory law under the Federal Government of the United States and under most of the US states, as well as in some other common-law jurisdictions.

Answer 2

would you view the infection as an unforeseeable intervening "act" in view of the nature of the crime? 1st degree murder requires specific intent plus a bit of "malignancy" as i very vaguely recall from too many years ago. if those elements were present, and the infection was foreseeable as arising out of such an act,: guilty (sound of gavel on hardwood). i would argue that a reasonable person could foresee such a "problem " arising from such a heinous deed. can you distinguish the cases,((meaning this and reeve's) as professor brumbaugh would say, snickering sickeningly. (aah , those golden years). p.s felony murder does not apply to the hypo here. i won't bore you with the reasons, altho' it's a creative approach! (a typical felony-murder case would involve: two men are robbing a 7-11. one is killed by the owner in the process. the second man is "guilty" of FM)

Answer 3

Generally that is not considered murder. Most jurisdictions have the "year and a day" rule. If the death occurs more than a year from the incident, the incident is not considered the "legal cause" of the death.

While philosophically you may be correct, the law sometimes takes a straightforward rule to cut through these debates. You could go either way, but at least everyone knows in advance.

If you are planning to kill someone but have them die a year and a day later, please consult a lawyer to be sure of the law in your area. LOL

Answer 4

Yes, 1st degree murder could be applied in that case. The shooter intended to kill that victim, and the shooting eventually led to the death of the victim. The amount of time the victim lingered is irrelevant.

Answer 5

I think he would be charged with 1st degree murder. He obviously wanted the man dead. . . it just took a little bit longer than he originally planned but it was still premeditated murder.

Answer 6

yes, it would 1st degree murder. there is no statute of limitation on murder anywhere in the US either. so it doesn't matter if it's one day or 50 years. also, it would be 1st degree bc he went with the intent to kill him.

Answer 7

He could be charged with homicide. Whether or not it was first degree murder would depend on the exact circumstances and what state it was.